Shreveport Distracted Driving Accident Lawyer

Ever since cell phones have become integral parts of our daily lives, distracted driving crashes have become an increasingly common cause of death for Americans. In fact, the National Highway Traffic Safety Administration (NHTSA) states that more than 3,300 Americans died, and thousands more were severely injured, in distracted driving crashes in 2022 alone. Shreveport distracted driving lawyers at Rice & Kendig recognize this tragic issue and are passionate about fighting for justice and maximum compensation for the victims involved in these crashes. If you or a loved one has suffered catastrophic injuries or wrongful death in a distracted driving accident, don’t hesitate to call a Shreveport distracted driving accident lawyer at 318-222-2772 today to schedule a free case evaluation.

What is Distracted Driving?

Distracted driving refers to any activity that diverts a driver’s attention away from the primary task of operating a vehicle. This dangerous behavior significantly increases the risk of accidents and can result in severe injuries or fatalities. Although texting while driving is the most common type of distracted driving these days, distracted driving is caused by more than smart phones. Other common examples of driver distraction can include eating and drinking, adjusting the radio or navigation system, applying makeup, attending to children in the back seat, and engaging in conversations with passengers. These distracted driving behaviors impede a driver’s ability to react to road conditions promptly.

3 Main Types of Distracted Driving

There are three main forms of distracted driving in Louisiana:

1. Visual Distractions: These occur when a driver takes their eyes off the road. Examples include looking at a GPS device, reading a text message, or looking at something outside the vehicle.
2. Manual Distractions: These involve taking one or both hands off the steering wheel. Common manual distractions include eating or drinking, adjusting the radio, or reaching for an object inside the car.
3. Cognitive Distractions: These happen when a driver’s mind is not focused on driving. Cognitive distractions can include daydreaming, talking to passengers, talking on a cell phone, or being preoccupied with personal problems.

Which Age Group is Most Likely to Drive While Distracted?

While all age groups can be guilty of driving while distracted, especially given our hectic lives, younger drivers are particularly prone to this dangerous behavior. This is largely due to their more frequent use of cell phones.

In fact, data from the National Highway Traffic Safety Administration (NHTSA) reveals that drivers between the ages of 25-34 not only made up the largest percentage of drivers involved in fatal crashes in 2019 (21%), but they also accounted for the largest percentage (23%) of drivers who were proven to be distracted by cell phones or other behaviors during their fatal crash. These statistics highlight the critical need for increased awareness and preventative measures among younger drivers to reduce the incidence of distracted driving accidents.

How Many Accidents Are Caused by Texting and Driving in Louisiana?

Texting and driving is a significant contributor to car accidents in Louisiana. According to the Louisiana Highway Safety Commission, distractions both inside and outside the vehicle led to 678 deaths and more than 23,000 serious injuries in 2021 alone. These alarming statistics underscore the severe consequences of texting and driving and other distracted driving behaviors, emphasizing the urgent need for heightened awareness and stricter enforcement of distracted driving laws in Louisiana.

Is Texting and Driving Illegal in Louisiana?

Yes, texting while driving is illegal in Louisiana. The state has implemented strict laws to combat the dangers associated with this risky behavior. According to Louisiana RS 32:300.5, it is illegal for drivers to use a wireless telecommunications device to write, send, or read a text message while operating a motor vehicle.

Exceptions to Louisiana’s Texting and Driving Law

There are specific exceptions to Louisiana’s texting and driving law. These include:

• Emergency Situations: Drivers are permitted to text if they need to report an emergency, such as a traffic accident, a crime in progress, or any situation requiring immediate medical attention.
• Law Enforcement: Police officers and emergency responders are exempt from the texting ban while performing their official duties.
• Health Care Providers: Doctors, paramedics, nurses, and other health care providers can use cell phones to communicate with hospitals or other health care providers if an emergency situation warrants electronic communication.
• Hands-Free Devices: Drivers may use hands-free devices for voice-activated commands and texting if they do not require the driver to manually operate the device.

Penalties for Texting and Driving in Louisiana

The penalties for texting and driving in Louisiana can be severe. A first-time offense can result in a fine of up to $500. For subsequent offenses, the fine can increase to $1,000. Additionally, if a crash occurs due to a violation of the texting ban, the fines can be doubled. These penalties are intended to deter drivers from engaging in this dangerous behavior and to promote safer driving practices across the state.

Common Injuries From Distracted Driving Accidents

Distracted driving car accidents can result in a wide array of injuries, ranging from minor to life-threatening. The sudden and unexpected nature of these crashes often leaves victims with severe physical and emotional trauma. Some of the most common injuries sustained in distracted driving accidents include:

• Whiplash: This neck injury is caused by the rapid back-and-forth motion of the head, often occurring in rear-end collisions.
• Fractures: Broken bones are common, particularly in the arms, legs, ribs, and collarbone, due to the forceful impact.
• Traumatic Brain Injuries (TBI): These injuries occur when the brain is jolted inside the skull, leading to long-term cognitive and physical impairments. Shreveport brain injury lawyers at Rice & Kendig can help these injured victims achieve full financial recovery to cover all of their medical bills.
• Spinal Cord Injuries: Damage to the spinal cord can result in partial or complete paralysis, significantly altering the victim’s quality of life. Pursuing compensation for these life-altering injuries requires legal guidance from Shreveport spine injury lawyers at Rice & Kendig.
• Lacerations and Contusions: Cuts and bruises from broken glass, metal, and other debris are typical in car accidents.
• Internal Injuries: Damage to internal organs such as the liver, spleen, or lungs can be life-threatening and may require immediate surgery.
• Soft Tissue Injuries: Sprains, strains, and tears of muscles, ligaments, and tendons can cause significant pain and mobility issues.
• Burns: In cases where a vehicle catches fire or there’s a chemical spill, victims can suffer from serious burns requiring extensive treatment.

These personal injuries not only cause immediate pain and suffering but can also lead to long-term disabilities and financial hardships. Addressing the medical and legal implications of such injuries requires the expertise of an experienced Shreveport car accident lawyer at Rice & Kendig to ensure that victims receive the compensation they need to recover and rebuild their lives. If you have suffered a severe car accident injury due to a distracted driver, don’t hesitate to reach out to our legal team.

Can You Sue for a Distracted Driving Accident in Louisiana?

Yes, you can sue someone for causing a distracted driving accident in Louisiana, as distracted driving of any form is considered negligence. To have a successful personal injury claim, you must establish the following elements of negligence:

1. Duty of Care: Demonstrate that the distracted driver had a legal responsibility to drive safely and adhere to traffic laws.
2. Breached Duty of Care: Show that the driver failed to uphold this duty by engaging in distracting behaviors, such as texting or eating while driving.
3. Causation: Prove that the driver’s negligence directly caused the accident and your injuries.
4. Damages: Provide evidence of the losses you suffered due to the accident, including medical expenses, lost wages, and pain and suffering.

Determining liability and proving negligence in a distracted driving car accident is extremely difficult to do without legal representation. That’s why it’s crucial to hire a Shreveport car accident lawyer at Rice & Kendig. We will conduct a thorough investigation of the accident, determine accurate percentages of negligence, and help you recover a fair settlement, whether through an insurance claim or a personal injury lawsuit.

How to Prove Distracted Driving in a Car Accident Case

Proving liability in any auto accident case can be challenging, but it’s crucial for securing fair compensation. If you’re wondering: what type of evidence can prove distracted driving? Here are a few of the most common ways that our Shreveport distracted driving accident lawyers gather evidence to prove an accident caused by the driver’s distraction:

• Eyewitness Testimony: Witnesses who saw the driver engaging in distracted behavior, such as texting or eating, can provide valuable testimony.
• Police Reports: Law enforcement officers often document their observations and any citations issued at the scene, which can support your claim.
• Phone Records: Obtaining the distracted driver’s phone records can show whether they were using their phone at the time of the accident.
• Surveillance Footage: Traffic cameras or nearby surveillance systems might capture the driver’s behavior leading up to the accident.
• Vehicle Data: Some vehicles, especially those manufactured within the last decade, are equipped with data recording systems that can provide information about the driver’s actions before the crash.

Recoverable Damages in Distracted Driving Accident Cases

Victims of distracted driving accidents can seek various types of damages to cover their losses. These damages are typically classified into two main categories – economic and non-economic – and can be recovered through the insurance company of the other driver (because Louisiana is an at-fault state) or through a personal injury lawsuit. A Shreveport auto accident lawyer can help you effectively recover compensation in your car accident claim.

Economic Damages

Economic damages are quantifiable financial losses resulting from the accident. They include:

• Medical Bills: Costs for all medical treatment including hospital stays, surgeries, doctor visits, medication, physical therapy, and any future medical needs related to physical injuries.
• Lost Wages: Compensation for the income you lost while recovering from your injuries.
• Property Damage: Repair or replacement costs for your vehicle and any other personal property damaged in the accident.
• Rehabilitation Costs: Expenses for any ongoing rehabilitation or specialized care needed to recover from your injuries.
• Funeral and Burial Costs: If the distracted driving accident resulted in fatal injuries, then the surviving family members may be able to file a wrongful death lawsuit on behalf of the deceased. Shreveport wrongful death lawyers at Rice & Kendig can review the details of your case and help you determine your legal options.

Non-Economic Damages

Non-economic damages are more subjective and compensate for non-financial impacts caused by distracted drivers. They include:

• Pain and Suffering: Compensation for the physical pain and mental anguish caused by the accident and your injuries.
• Loss of Enjoyment of Life: Damages for the diminished ability to enjoy daily activities and hobbies you once enjoyed.
• Emotional Distress: Compensation for the psychological impact of the accident, such as anxiety, depression, or post-traumatic stress disorder (PTSD).
• Loss of Consortium: Damages awarded to spouses or family members for the loss of companionship and support due to your injuries.

Why You Need a Shreveport Distracted Driving Attorney

Navigating the legal process after a distracted driving accident can be overwhelming, especially when you are focused on your recovery. Hiring a Shreveport distracted driving accident lawyer from Rice & Kendig can provide numerous benefits, including:

• Legal Expertise: Our attorneys have extensive knowledge of Louisiana traffic laws and personal injury claims, ensuring that your case is handled effectively.
• Investigation and Evidence Gathering: A Shreveport car accident lawyer will thoroughly investigate your accident, gather crucial evidence, and build a strong case to prove liability.
• Negotiation Skills: Our team is skilled in negotiating with insurance adjusters to ensure you receive fair compensation for your injuries and damages.
• Trial Representation: If your case goes to trial, our experienced litigators will provide strong representation to fight for your rights in court and hold the distracted driver accountable for their negligence.
• Personalized Attention: At Rice & Kendig, our Shreveport distracted driving accident lawyers prioritize our clients’ needs and offer personalized legal services tailored to their specific situation.

Call Shreveport Distracted Driving Attorneys at Rice & Kendig Today

If you or a loved one has been injured in a distracted driving accident in Shreveport-Bossier, it’s crucial to seek legal assistance from a Shreveport distracted driving accident lawyer as soon as possible. The experienced attorneys at Rice & Kendig are dedicated to helping injury victims of distracted driving accidents secure the fair settlement they deserve. We understand the physical, emotional, and financial toll that car accident cases can take on your life, and we are committed to providing compassionate and effective legal representation.

Don’t face this challenging time alone. If you have suffered injuries due to a distracted driver, call Shreveport injury lawyers at Rice & Kendig at 318-222-2772 to schedule a free consultation today and learn how we can assist you in pursuing justice and recovery.

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